government as law breaker

Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.
      - Louis D. Brandeis,  part of his dissent in the case "Olmstead v. United States", 277 U.S. 438, 485 (1928)

A judicial pronouncement of just another sad symptom of the dysfunctions that plague our country: those who enforce the law have become the law-breakers.

CORRUPTION:

Corruption can be defined as the paying and receiving of bribes for preferential treatment

For years we have all known that our once efficient civil service was slowly breaking down. Money or connections slowly but surely became a necessity to get past any government red tape.

Corruption indexes are introduced by Transparency International. They have a special criteria to measure the corruption through 13 independent surveys in any country or nation or governments. The rankings of the countries which can be the most corrupt in the world in 2010 and 2011 are following.

No.	Flags	Country	Score	Location
1.		Somalia	1.1	Africa
2.		Myanmar	1.4	Asia
3.		Afghanistan	1.4	Asia
4.		Iraq	1.5	Middle East
5.		Uzbekistan	1.6	Central Asia
6.		Turkmenistan	1.6	Central Asia
7.		Sudan	1.6	Africa
8.		Chad	1.7	Africa
9.		Burundi	1.8	Africa
10.		Equatorial Guinea	1.9	Africa

Factors To Measure Corruption In Public Sector In Any Country

1. Rank Cause of corruption Index
2. Lack of sanctions or impunity 0.93
3. Inertia and inaction 0.86
4. Desire for personal enrichment 0.84
5. Lack of transparency 0.81
6. Lack of motivation due to the drop in purchasing power 0.81
7. Arbitrary career promotion 0.79
8. Abuse of power by public offi cials 0.78
9. Poor functioning of the administration 0.7
10. Lack of clear rules and standards of conduct 0.66
11. Pressure from superiors/high-ranking persons 0.57
12. Excessive patronage and tutelage 0.53
13. Everyone else does it 0.44

Although the Philippines is not in the above list,  In a World Bank report,the Philippines is cited with increasing frequency (by business surveys, the media, and anticorruption watchdog agencies) as a country where corruption is a factor that inhibits foreign and domestic investment and which may be eroding the country’s
competitive position. Such investment is vital to economic growth and social well being. Nearly $2 billion dollars, or roughly 13 percent of the Philippines' annual budget, is lost to corruption in the country each year, according to the United Nations Development Program.

Corruption in the Philippines is a large problem and integrated in the society for years. Everybody seems to accept it. Corruption has penetrated every level of government, from the Bureau of Customs down to the traffic police officers who pull over motorists to demand bribes.

As for the police, it has likewise been a similar tale of sliding into ignominy. there was a time when you could trust the men and women who swore to enforce the law of our land. unfortunately, the police have now fallen to the level where the only thing we expect when stopped by an officer is to be asked for a bribe, and where we are wont to suspect wrongdoing whenever the police are involved.

 HUMAN RIGHTS
 

The human rights situation is worsening worldwide and especially in the important emerging economies of Pakistan, China, Russia, Colombia, Bangladesh, Nigeria, India, Philippines and Mexico. These are the findings of the Human Rights Risk Atlas 2011 that calculates and maps the risk of complicity in human rights abuses for companies operating worldwide.

It is the emerging economies which cause most concern, as many multinational companies and investors now have considerable interests centred there and strong economic growth is not being translated into improving human rights, posing a range of legal, reputational, operational and strategic challenges for business.

Most significantly for business, given it plays a major role in supply chains, China has fallen two places in the ranking from last year to 10th. China joins DR Congo (1), Somalia (2), Pakistan (3), Sudan (4), Myanmar (5), Chad (6), Afghanistan (7), Zimbabwe (8), and North Korea (9) as the countries with the worst human rights records. Russia (14), Colombia (15), Bangladesh (16), Nigeria (17) India (21), Philippines (25) and Mexico (26) have also seen their scores worsen and are featured in the ‘extreme risk’ category.

A 2006 US State Department  Report found that although the government generally respected human rights, some security forces elements—particularly the Philippine National Police—practiced extrajudicial killings, vigilantism, disappearances, torture, and arbitrary arrest and detention in their battle against criminals and terrorists. Prison conditions were harsh, and the slow judicial process as well as corrupt police, judges, and prosecutors impaired due process and the rule of law. Besides criminals and terrorists, human rights activists, left-wing political activists, and Muslims were sometimes the victims of improper police conduct. Violence against women and abuse of children remained serious problems, and some children were pressed into slave labor and prostitution

What can P-Noy do now?

Benigno Aquino III, the son of the late president Corazon Aquino, swept to power in the May presidential elections on a platform of fighting corruption and promoting justice for victims of crime.Perhaps P-Noy  will mean what he said immediately after the election: "I will not only not steal, but I'll have the corrupt arrested."Perhaps his campaign promise to investigate his predecessor former presindent GMA, on allegations of corruption will not backfire, setting off yet more political strife in a country that cannot afford such distraction. Perhaps his promise to crack down on the nation's blatant tax evaders will not bring these powerful clans and families down on his neck. Perhaps the new president will stand up for those who elected him and against those who spawned him.

If Aquino indeed is the opposite of Arroyo, as he had hinted throughout the campaign, stopping the killings of activists, peasants, journalists, human-rights workers, to name a few, by ending the culture of impunity in the Philippines should be a top priority.

Free Morong 47 instead of 43?

The news headline should have been “Morong 47”  instead of “Morong 43”. The reason: I should have been one of them since we were also supposed to stay overnite in the place where the 43 healthworkers were arrested ten months ago.

The health workers, collectively known as Morong 43, were arrested by government troops on February 6 this year  in Morong town of Rizal province for allegedly being caught making explosives and giving support to rebels from the Maoist New People’s Army (NPA).

The compound  is owned by the family of our close friend, Shem Velmonte, whose mother, Dra. Velmonte, is connected with PGH and WHO. We were scheduled to sleep-ove67r February 5, 2010 in their morong residence, me, my cousin perla and her husband mao, and a friend otep. But due to some reasons, we aborted our plan to proceed to morong. There are basically three main structures in the compound: the residential house, the training area / building and the sleeping area/ kubo  for those attending the trainings.

It was on February 7 or 8 that we learned through the news of the military  operations. We immediately tried to communicate with shem to verify what really transpired that day. I even  volunteered my legal services to assist them if needed. If i was there, perhaps, i will have a heated argument with the military with respect to the manner the search and arrest were done.

They have been in detention since. The 43 health workers were charged with alleged violation of Presidential Decree 1866, as amended by Republic Act (RA) 8294, and RA 9516, which imposes penalties for illegal possession of grenades and other explosives, and Commission on Elections Resolution 8714 in relation to Article 261 (q) of the Election Code, which imposes a ban on firearms during election periods. On the other hand, their relatives and supporters have petitioned the government repeatedly to release them, saying that the “Morong 43” were just holding a health training and seminar when they were arrested.

On the occasion of the 62nd anniversary of the Universal Declaration of Human Rights, the President disclosed that he has ordered the dropping of charges against “Morong 43”. “I have ordered the DOJ [Department of Justice] to withdraw the informations filed before the court. This will, in effect, subject to court approval, free those among them who have no other standing warrants in other courts.” But those among the “Morong 43” with standing warrants of arrest cannot be freed yet.The other 37 are expected to be released before Christmas Day.



DOJ Secretary Laila De Lima, who had handled the case of the “Morong 43” while heading the Commission on Human Rights (CHR), have made several proposals to Mr. Aquino, who said that he was letting the courts decide the fate of the health workers.

During one of the hearings in the Court of Appeals, I was seated beside De Lima and I told her that the number should have been 47  instead of 43 including me and my cousin.

In his speech during the anniversary celebration of the universal declaration, the President took a swipe at then President Gloria Arroyo.

“The medical workers were arrested in the waning days of the Arroyo administration on the suspicion that they were aiding NPA insurgents. These are valid concerns. Nevertheless, we recognize that their right to due process was denied them. As a government that is committed to the rule of law and the rights of man, this cannot stand,” he said.  “The people have clamored for a government that is trustworthy and transparent in its actions, and we are taking significant steps toward fulfilling that promise to them. Violators of human rights will be held accountable for their actions, and the state will protect, with unflagging commitment, the rights of all its citizensThe culture of silence, injustice and impunity that once reigned is now a thing of the past,” he said.